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(영문) 춘천지방법원 2015.11.27 2015나2076
사해행위취소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's defendants added at the trial room.

Reasons

1. Determination on the claim for damages

A. A. Around June 2009, Defendant B attempted to acquire KRW 20,000,000 from the Plaintiff from the Plaintiff and attempted to acquire the said KRW from the Plaintiff.

After that, on October 4, 2010, Defendant B filed a lawsuit against the Plaintiff seeking payment of KRW 20,000,000 in return for the intermediary for the sale and purchase of the said bank trees with the Chuncheon District Court 2010 Ghana26328, and Defendant C and D participated in the fraud of the said lawsuit by submitting false and fabricated confirmations in the said lawsuit.

In addition, the judgment of the first instance court, the appellate court, and the final appeal became final and conclusive to order the Defendant to pay KRW 2,000,000 to the Plaintiff.

As above, the Defendants were liable to pay the Plaintiff the damages amounting to KRW 20,000,100 as well as damages for delay on the ground of the tort caused by the fraud of lawsuit, perjury, fabrication of private documents, etc.

B. In full view of the judgment attached to the reference document submitted by Defendant B in March 20, 2015, the Plaintiff filed a damages suit against Defendant C to the effect that, prior to the continuation of the lawsuit in this case, the Plaintiff participated in the litigation fraud by preparing a false confirmation document against Defendant C as the original state branch of the Chuncheon District Court 2010 Ghana 26328, and the said court dismissed the Plaintiff’s claim on October 21, 2014, following the Plaintiff’s appeal, it can be acknowledged that the said case currently continues to exist in this court as the court’s 2014Na60266.

According to this, the plaintiff's lawsuit against the defendant C is different from the previous lawsuit and the claim amount, and it can be acknowledged that the parties and the lawsuit are identical. Thus, it is unlawful as it constitutes a duplicate lawsuit under Article 259 of the Civil Procedure Act

On the other hand, it is not a duplicate lawsuit.

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